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LADY LAWYER, Family Law Attorney

Category: Family Law

Satisfied Customers: 6534

Experience: Family Law Attorney

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Texas parent gets fired from good paying job in ordr to avoid

Customer Question

Texas parent gets fired from good paying job in ordr to avoid paying child support. Now requeting a modification hearing. Was paying 410.00 month from Texas Department of Criminal Justice. Did not qualify for unemployment but received her Retiring Benefits. Although, she does not have a job, and it has not been 3 years for a new modification.....Will parent prevail at the hearing.

LADY LAWYER :The law states: § 156.401. GROUNDS FOR MODIFICATION OF CHILD SUPPORT. (a) Except as provided by Subsection (a-1) or (b), the court may modify an order that provides for the support of a child if: (1) the circumstances of the child or a person affected by the order have materially and substantially changed...OR (2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

LADY LAWYER :Because the parent lost her job, this will qualify as a substantial change in circumstances.

LADY LAWYER :However, this only means that she meets the threshold in order to be able to bring the modification.

LADY LAWYER :It does not mean that the court will actually grant the modification.

LADY LAWYER :If she has her retirement benefits, that will be taken into account.

Customer:

I understand the but, she caused this when she stated "Before I pay that amount I will quit or get fired. The court order was done in May for iincrease, but she went to prove her point and was fired in Aug. by intentionally disobeyin rules. What about the clause of Voluntary Actions!

LADY LAWYER :It is going to depend on whether the judge believes she got fired on purpose or not.

LADY LAWYER :If you have evidence that she did, such as an email or a witness that heard her say this, then you need to present it to the court.

Customer:

If I show trouble from start. The Child support had to use the income tax method 2 years in a row., while she was working is that proof?

LADY LAWYER :That would be helpful to show, yes. And you don't necessarily have to prove she got fired on purpose, but you need to present the argument that she did. Even if you don't have a bombshell piece of evidence, the collective circumstantial evidence can be enough to persuade the judge.

LADY LAWYER :Plus, the fact that she didn't receive UE means that she had to do something pretty egregious, and with purpose, to be fired. This will strengthen your case.

Customer:

The parents can not have custody. The mother is borderline unfit and th father is a offender. To keep the child in the family the boy's parents said they would take her. Parents trouble all the time

LADY LAWYER :Sorry to hear this has been such a struggle.

LADY LAWYER :Very glad someone was willing to step up though. And again, the modification is not a sure thing here. There is a very good chance it will not be changed based on the circumstances.

Customer:

You have eased up my headache. ourt in eleven days. Thank you . I am satsfied and believeI can present the ase. Excellent rating.

LADY LAWYER :You are most welcome! And please, if you have ANY other questions between now and then, come back to this question and ask me follow ups. There will be no further charge.

LADY LAWYER :Once you click on the smiley face and leave your rating, I will leave the question open so that you can come back at any time.

Customer:

court in eleven days. I can present case. I think grandaugter has worn out keyboard. lol

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